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Constitutionally Hopeful

The cover story on National Review is by Jonathan Adler and Nathaniel Stewart, who are insisting there were Positive Steps, Silver Linings in the Supreme Court’s ruling in NFIB v. Sebelius ruling.   Since I am expecting stormy weather over the next few years in the matter of . . . . Continue Reading »

The Veepstakes: No To Rice

Like John Presnall, I have Sirius XM radio in my car.  So I was driving home yesterday and I heard William Kristol on the 4:00 PM FOX News show.  Kristol was touting (though not entirely endorsing) Condoleezza Rice for Vice President.  Romney choosing Rice would be a serious . . . . Continue Reading »

The Constitutional Question(s)

So I agree with both James Ceaser and Peter Lawler.  Dr. Ceaser is right that the question of whether the mandate is constitutional has not at all been settled by the Supreme Court.  You have four Justices who think that the Obamacare scheme of mandate and penalty is . . . . Continue Reading »

Pessimistic Thoughts

1.  When looking at the Obamacare case, many wondered if the individual insurance purchase mandate was severable from the rest of Obamacare.  According to the Chief Justice, the mandate is severable from itself.  You take (what he admits to be) an unconstitutional scheme of mandate . . . . Continue Reading »

Freedom of Speech Includes Some Kinds of Lies

In a decision that will upset some military men I know, the Supreme Court finds that it is constitutional to lie about yourself. The case centered on Xavier Alvarez, a water-district board member in California, who was convicted of falsely claiming to be a Medal of Honor recipient. A federal . . . . Continue Reading »

On John Roberts

This is an expansion of something I wrote in a thread: If Roberts really thinks that the federal insurance purchase mandate is constitutional, then he he ought to sleep well. If Roberts ruled in favor of the mandate as some kind of act of judicial statesmanship (well . . . maybe it will get . . . . Continue Reading »

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